Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983

JurisdictionUK Non-devolved
CitationSI 1983/23

1983 No. 23

HIGHWAYS, ENGLAND AND WALES

The Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983

13thJanuary 1983

27thJanuary 1983

28thFebruary 1983

The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred by sections 26, 28, 118, 119, 120, 121, 325, 326(5) and paragraph 3 of Schedule 6 to the Highways Act 1980(a), section 32 of the Acquisition of Land Act 1981(b) and of all other powers enabling them in that behalf, hereby make the following regulations:—

Citation, commencement, interpretation and revocation

1. These regulations may be cited as the Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1983, and shall come into operation on 28th February 1983.

2. In these regulations:—

"the Act" means the Highways Act 1980;

"an extinguishment of public right of way order" means an order extinguishing a public right of way made under section 32(2) of the Acquisition of Land Act 1981;

"a public path creation order" means an order made under section 26 of the Act;

"a public path diversion order" means an order made under section 119 of the Act;

"a public path extinguishment order" means an order made under section 118 of the Act; and

"a public path order" means a public path creation order, a public path diversion order or a public path extinguishment order, and includes an order revoking or varying any such order.

3. The Public Path Orders and Extinguishment of Public Right of Way Orders Regulations 1969(c) are hereby revoked.

(a) 1980 c. 66.

(b) 1981 c. 67.

(c) S.I. 1969/269.

Form of public path orders

4. A public path order shall be in the appropriate form (or substantially in the appropriate form) set out in Schedule 1 hereto with such modifications as the circumstances may require.

5. The map required to be contained in a public path order shall be on a scale of not less than twenty-five inches to one mile (or 1/2,500); provided that the Secretary of State may in any particular case authorise a smaller scale.

6. In the case of any conflict between the map and the particulars contained in the schedule to a public path order, the schedule shall prevail.

Procedure for public path orders

7. A public path order shall be made in duplicate and, where the order is submitted to the Secretary of State for confirmation shall be accompanied by two copies of the order, a copy of the notice given before submission as required by Schedule 6 to the Act, a statement of the grounds on which the authority by whom the order was made consider that the order should be confirmed, any representations and objections duly made with respect to the order and not withdrawn (together with the observations thereon of the authority) and, in any case in which the authority is required to obtain the consent of, or to consult with, any other authority or body before the order is made, a certificate that such consent has been obtained or such consultation has taken place.

8. After a public path order has been confirmed by the Secretary of State, the authority by whom the order was made shall, as soon as the requirements of paragraph 4(1) of Schedule 6 to the Act have been complied with, supply the Secretary of State with a certificate to that effect.

9. After a decision not to confirm a public path order, the authority by whom the order was made shall, as soon as the requirements of paragraph 4(3) of Schedule 6 to the Act have been complied with, supply the Secretary of State with a certificate to that effect.

10. After a public path order has been confirmed, the authority by whom the order was made shall send a copy of the order as confirmed to the Ordnance Survey.

11. Any proceedings required to be taken under the Act for the purposes of a public path extinguishment order may be taken concurrently with any proceedings required to be taken under the Act for the purposes of a public path creation order or public path diversion order.

12. Any notice required to be given, served or displayed under Schedule 6 to the Act by an authority by whom a public path order is made shall be in the appropriate form (or substantially in the appropriate form) set out in Schedule 2 hereto with such modifications as the circumstances require.

13. Where the Secretary of State proposes to make a public path order, any notice required to be given, served or displayed under Schedule 6 to the Act by the Secretary of State shall be in the appropriate form (or substantially in the appropriate form) set out in Schedule 2 hereto, subject to any necessary modifications:

Provided that the authority, who immediately before the making of the order were the appropriate authority in relation to the making of the order, shall arrange for the deposit of copies of the Secretary of State's draft order in their area, for giving access thereto and for the display of any notices required to be displayed.

14. The notice required to be given under paragraphs 1(1) and (2) and 4(1)(a) of Schedule 6 to the Act shall be served on the persons specified in Schedule 5 hereto.

15. Any notice or other document to be served on an owner, lessee or occupier in accordance with paragraph 1(3) of Schedule 6 to the Act shall at the beginning have clearly and legibly inscribed upon it the words

"IMPORTANT—THIS COMMUNICATION AFFECTS YOUR PROPERTY"

and where the notice or document is sent under cover otherwise than in a prepaid registered letter, or by the recorded delivery service, the cover shall in addition be endorsed in like manner.

Claims for compensation as respects public path orders

16. (1) A claim for compensation under section 28 of the Act, or that section as applied by section 121(2) of the Act, in consequence of the coming into operation of a public path order shall be made in writing and shall be served on the authority by whom the order was made (or, in the case of an order made by the Secretary of State, on the appropriate authority referred to in section 28(3) of the Act) by delivering it at the offices of the authority addressed to the Chief Executive thereof or by sending it by prepaid post addressed as aforesaid.

(2) The time within which any such claim shall be served shall be six months from the coming into operation of the order in respect of which the claim is made:

Provided that the period may at any time be extended by the Secretary of State in any particular case.

Form and procedure for extinguishment of public right of way orders

17. An extinguishment of public right of way order shall be in the form (or substantially in the form) set out in Schedule 3 hereto with such modifications as the circumstances may require, and shall contain a map.

18. Regulations 5, 6, 7, 8, 9, 10, 15 and 16 of these regulations shall apply in relation to an extinguishment of public right of way order as they apply in relation to a public path order.

19. Any notice required to be given, served or displayed under Schedule 6 to the Act by an authority by whom an extinguishment of public right of way order is made shall be in the appropriate form (or substantially in the appropriate form) set out in Schedule 4 hereto with such modifications as the circumstances may require.

20. The council of any county, county district or London borough comprising the whole or any part of the land in relation to which the Secretary...

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